GIGLIOTTI v. ST. STANISLAUS KOSTKA R.C. CH

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Plaintiff Mary Gigliotti seeks to recover damages for injuries she sustained when she tripped and fell over a defect in the concrete driveway of defendant church. The defect consisted of a five-eighths-inch deviation in the height of two adjoining concrete slabs. Such a small defect is not actionable unless it has the characteristics of a trap, snare or nuisance (see, Tesak v. Marine Midland Bank, 254 A.D.2d 717). Defendants met their initial burden, and plaintiffs failed to raise a triable issue of fact whether the alleged defect has the characteristics of a trap, snare or nuisance (cf., Durr v. New York Cent. Hudson Riv. R. R. Co., 184 N.Y. 320, 324-325; Tesak v. Marine Midland Bank, supra).